Supreme Court - Daily Orders
The State Of Uttar Pradesh vs Neeraj Dhama on 18 October, 2022
Bench: M.R. Shah, M.M. Sundresh
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7632 OF 2022
(Arising out of SLP (C) 23232/2019)
THE STATE OF UTTAR PRADESH AND ORS. Appellant(s)
VERSUS
NEERAJ DHAMA Respondent(s)
O R D E R
Leave granted.
Feeling aggrieved and dissatisfied with the impugned judgment and order dated 08.05.2019 passed by the High Court of Judicature at Allahabad at Allahabad in Writ Petition No. 32666 of 2015 by which the High Court has set aside the order of termination and directed reinstatement with continuity of service and other benefits including the back-wages, the State has preferred the present Appeal.
Having heard learned counsel appearing for the respective parties and considering the fact that there was a private dispute between the husband and wife, which is now reported to be settled and even otherwise considering the impugned judgment and order passed by the High Court, we see no reason to interfere with the Signature Not Verified same ordering reinstatement with continuity of service. Digitally signed by NIRMALA NEGI Date: 2022.10.22 13:51:28 IST Reason: 2 However, at the same time, learned counsel appearing for the appellant is justified in making a grievance that the High Court ought not to have awarded full back-wages. Shri Rakesh Khanna, learned Senior Advocate, appearing for the respondent has ultimately left it to the Court to award reasonable back-wages.
In the facts and circumstances of the case, we are of the opinion that if 50% back-wages are awarded, it will meet the ends of justice.
In view of the above and for the reasons stated above, the present Appeal succeeds in part. The impugned judgment and order passed by the High Court ordering reinstatement with continuity of service is hereby confirmed.
However, the impugned judgment and order passed by the High Court ordering full back-wages is hereby modified and it is observed and held and directed that the respondent shall be entitled to 50% back-wages instead of 100% as awarded by the High Court.
The present Appeal is partly allowed to the aforesaid extent. No costs.
.......................... J.
(M.R. SHAH) .......................... J.
(M.M. SUNDRESH) New Delhi;
October 18, 2022.
3
ITEM NO.22 COURT NO.5 SECTION III-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Special Leave Petition (Civil) No(s). 23232/2019
THE STATE OF UTTAR PRADESH & ORS. Petitioner(s)
VERSUS
NEERAJ DHAMA Respondent(s)
(IA No. 128865/2019 - EXEMPTION FROM FILING O.T.) Date : 18-10-2022 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Vinod Diwakar, AAG Mr. Tanmaya Agarwal, AOR Mr. Wrick Chatterjee, Adv.
Mrs. Aditi Agarwal, Adv.
Mr. Avnish Singh, Adv.
Mr. Arun Kumar Sinha, Adv.
For Respondent(s) Mr. Rakesh Khanna, Sr. Adv.
Mr. Niraj Gupta, AOR Mr. Fuzail Khan, Adv.
Mr. Ashutosh Srivastava, Adv.
Mrs. Anshu Gupta, Adv.
Ms. Ramya Khanna, Adv.
Mr. Gaganmeet Singh Sachdeva, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted.
The present Appeal is partly allowed to extent as indicated in the signed order.
Pending application stands disposed of. (R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (Signed order is placed on the file)